Section 43-02-02.3-23 - Performance and reclamation standards and requirements The land surface of the permit area will be restored as nearly aspossible to its original condition unless conflicting with the approved postminingland use. Each reclamation plan must be developed to meet the site-specificcharacteristics of the mining operation and the site.
1. Most appropriate technology and best management practices.The mining operation and the reclamation plan shall be designedand operated using the most appropriate technology and the bestmanagement practices.2. Contemporaneous reclamation. Contemporaneous reclamation isrequired to the maximum extent practicable and in a manner that isconsistent with the approved reclamation plan. All reclamation workmust be completed within three years of completion of mining.3. Assure protection. The mining operation and completed reclamationshall meet the following requirements established to assure protectionof human health and safety, the environment, wildlife, and domesticanimals. a. Signs, markers and safeguarding. Measures will be taken tosafeguard the public to prevent falls from highwalls or pit edges.Depending on site-specific characteristics, the following measuresshall be required:(1) Posting warning signs in locations near hazardous areas;(2) Restricting access to hazardous areas;(3) Marking the permit area boundaries;(4) Posting a sign at the main entrances giving a telephonenumber of a person to call in the event of emergenciesrelated to the mine; or(5) Other measures as needed to protect human safety.b. Wildlife protection. Measures shall be taken to minimize adverseimpacts on wildlife and important habitat. Based on site-specificcharacteristics, the following measures will be required:(1) Restricting access of wildlife and domestic animals to toxicchemicals or otherwise harmful materials;(2) Minimizing harm to wildlife habitat during mining; and(3) Reclaiming areas of wildlife habitat if not in conflict with theapproved postmining land use.c. Cultural resources. Cultural resources listed on or eligible for listingon the national register of historic places, and any cemeteries orburial grounds shall be protected until clearance has been grantedby the appropriate authority.d. Hydrologic balance. Operations shall be planned and conductedto minimize change to the hydrologic balance in both the permitand potentially affected areas. If not in conflict with the approvedpostmining land use, reclamation shall result in a hydrologicbalance similar to premining conditions unless nonmining impactshave substantially changed the hydrologic balance.(1) Operations shall be designed so that nonpoint source surfacereleases of acid or other toxic substances shall be containedwithin the permit area, and that all other surface flows from the disturbed area are treated to meet all applicable state andfederal regulations.(2) The disturbed areas shall not contribute suspended solidsabove background levels, or where applicable the statedepartment of health standards, to ephemeral, intermittent,and perennial streams.(3) To provide data to determine background levels for surfacewater entering the permit area, appropriate monitoring shallbe conducted on drainages leading into the permit area.(4) All diversions of overland flow shall be designed, constructed,and maintained to minimize adverse impacts to the hydrologicbalance and to assure the safety of the public. (a) No diversion shall be located so as to increase thepotential for landslides.(b) Unless site-specific characteristics require a differentstandard which is included in the approved permit,diversions which have watersheds larger than tenacres shall be designed, constructed, and maintainedto safely pass the peak runoff from a ten-year,twenty-four-hour precipitation event.(c) All diversion designs which have watersheds largerthan ten acres shall be included in the permit applicationand certified by a registered professional engineer.Diversion designs shall be kept onsite or otherwisebe made available, upon request, to the director forinspection.(d) When no longer needed, temporary diversions shall beremoved and the disturbed area reclaimed.e. Stream diversions. When streams are to be diverted, the streamchannel diversion shall be designed, constructed, and removed inaccordance with the following: (1) Unless site-specific characteristics require differentmeasures to meet the performance standard and areincluded in the approved permit, the combination of channel,bank and floodplain configurations shall be adequate tosafely pass the peak runoff of a ten-year, twenty-hour-hourprecipitation event for temporary diversions, and ahundred-year, twenty-four-hour precipitation event forpermanent diversions;(2) The design and construction of all intermittent and perennialstream channel diversions shall be certified by a registeredprofessional engineer. As-built drawings shall be completedpromptly after construction and be included in the permitapplication and retained onsite or otherwise made availableupon request to the director; and(3) When no longer needed, temporary stream channeldiversions shall be removed and the disturbed areareclaimed.f. Impoundments. If impoundments are required, they shall bedesigned, constructed, and maintained to minimize adverseimpacts to the hydrologic balance and adjoining property and toassure the safety of the public. (1) Unless site-specific characteristics require differentmeasures to meet the performance standard and areincluded in the approved permit, impoundments havingearthen embankments but not subject to the jurisdictionof the mine safety and health administration or the statedepartment of health shall:(a) Have a minimum elevation at the top of the settledembankment of two feet above the water surface in thepond with the spillway flowing at the design depth;(b) Have a top width of the embankment not less than sixfeet;(c) Have combined upstream and downstream sideslopes of the settled embankment not less than fivehorizontal: one vertical with neither slope steeper thantwo horizontal: one vertical. Slopes shall be vegetatedor otherwise stabilized to control erosion;(d) Have the embankment foundation cleared of allvegetative matter, all surfaces sloped to no steeperthan one horizontal: one vertical and the entirefoundation area scarified;(e) Have fill material free of vegetative matter and frozensoil;(f) Have sufficient capacity for sediment storage and havesediment removed when that capacity is reached; and(g) Have spillways provided to safely discharge thepeak runoff of a twenty-five-year, twenty-four-hour precipitation event, or an event with a ninety percentchange of not being exceeded for the design life of thestructure; or(h) Have other site-specific design criteria forembankments as long as they result in a minimumstatic safety factor for 1.3 with water impounded to thedesign level;(i) Be designed and certified by a registered professionalengineer. As-built drawings shall be completedpromptly after construction and be retained onsiteor otherwise made available upon request to thedirector; and(j) If necessary for sediment control, be in place beforeany other disturbance to the watershed for theimpoundment.(2) When no longer required, impoundments shall be graded toachieve positive drainage unless:(a) The surface estate owner has requested in writing thatthey be retained;(b) They are consistent with the approved reclamationplan; and(c) They are appropriate for the postmining land use for theself-sustaining ecosystem.g. Minimization of mass movement. All temporary stockpiles shall beconstructed and maintained to minimize mass movement.h. Riparian and wetland areas. Disturbance to riparian and wetlandareas shall be minimized during mining. Adverse effects to riparianand wetland areas shall be mitigated during reclamation unless themitigation conflicts with the approved postmining land use.i. Roads. Roads shall be constructed and maintained to controlerosion.(1) Drainage control structures shall be used as necessary tocontrol runoff and to minimize erosion, sedimentation, andflooding. Culverts or other drainage facilities shall be installedas road construction progresses and shall be capable ofsafely passing a ten-year, twenty-four-hour precipitationevent unless site-specific characteristics indicate a differentstandard is appropriate and is included in the approved permit. Culverts and drainage pipes shall be constructedand maintained to avoid plugging, collapsing, or erosion.(2) Roads to be constructed in or across intermittent or perennialstreams require site-specific designs to be submitted with thepermit application.(3) Permanent roads must be approved by the surface owner andbe consistent with the approved postmining land use.j. Explosives. Blasting shall be conducted to prevent injury topersons or damage to property not owned by the operator. Flyrock shall be confined to the permit area. The director may requirea detailed blasting plan, preblast surveys or specify blast designlimits to control possible adverse effects to structures.4. Reclamation of surface facilities. The permit area shall be stabilized,to the extent practicable, to minimize future impact to the environmentand protect air and water resources. Unless otherwise approved bythe department, the reclamation of surface facilities shall include theremoval of all buildings, road, and structures, and the surface restoredas nearly as possible to its original condition. Tailings impoundmentsand ponds must be reclaimed and filled in and respread with topsoil andsubsoil. All grading, backfilling, and topographic reconstruction mustcontrol erosion and sedimentation, protect areas outside the affectedland from slides or other damage, and minimize the need for long-termmaintenance. Measures must be taken to reduce, to the extent practicable, theformation of acid and other toxic drainage that may otherwise occurfollowing closure to prevent releases that cause federal or statestandards to be exceeded. Nonpoint source surface releases for acidor other toxic substances shall be contained within the permit area.
Pond and impoundment reclamation must meet the followingrequirements:
a. Pond sludge must be chemically characterized to determinewhether further treatment is necessary before disposal. Sludgemust be removed for disposal at on offsite permitted solid wastefacility or buried and covered onsite in a solid waste facilitypermitted in accordance with the applicable solid waste rules inNorth Dakota Administrative Code article 33-20; andb. Geomembranes must be removed from impoundments, unless it isdemonstrated to the department's satisfaction that they will serve auseful function consistent with the approved postmining land use.The geomembrane material must be disposed of in a permitted landfill or may be disposed of onsite only if the operator first securesa solid waste permit in compliance with 30-20.5. Topsoil and subsoil. The operator shall take measures to remove andsave all available topsoil and subsoil and protect it from erosion orcontamination and assure that it is in a usable condition for sustainingvegetation when needed The following requirements shall be metunless site-specific characteristics mandate different requirements andthose requirements are included in the approved permit. a. Topsoil and subsoil shall be sampled and analyzed for vegetationestablishment suitability: (1) Sample spacing and interval shall be based on site-specificmaterials; and(2) Suitability will be identified by analysis based on site-specificmaterials.b. Revegetation must be a component of the reclamation plan andall available topsoil and subsoil must be salvaged and replaced ondisturbed areas.c. Where direct distribution of topsoil and subsoil is not possible, itshall be stockpiled separately and in a manner to prevent loss ofthe resource.d. Topsoil and subsoil shall be distributed in a manner to establish andmaintain vegetation, consistent with the approved permit.e. After distribution, topsoiled and subsoiled areas shall be stabilizedto protect loss of the resource.f. Where topsoil has been stockpiled for more than one year, theoperator may be required to conduct analyses to determine ifamendments are necessary.6. Erosion control. Reclamation of disturbed lands must result ina condition that minimizes erosion. Revegetated lands must notcontribute suspended solids above background levels, or whereapplicable, the state department of health standards, to streamflowof intermittent and perennial streams. Acceptable practices to controlerosion include the following:a. Stabilizing disturbed areas through land shaping, berming, orgrading to final contour;b. Minimizing reconstructed slope lengths and gradients;d. Establishing vegetation;e. Regulating channel velocity of water;f. Lining drainage channels with rock, vegetation, or othergeotechnical materials; and7. Revegetation. Revegetated lands must meet the following standards:a. Revegetation success for a return as near as possible to originalcondition shall be determined through comparison of ground cover,productivity, and diversity and shall be made on the basis of thefollowing approved reference areas:(1) Foliage or basal cover and productivity of living perennialplants of the revegetated area shall be established equal toninety percent of the reference area or equal to the approvedrevegetation standard using scientifically valid samplingtechniques;(2) Diversity of plant life forms (woody plants, grasses, forbs)shall consider what is reasonable based on the physicalenvironment of the reclaimed area; and(3) Woody plant species shall be established to the approveddensity standard.b. For areas for which the approved postmining land use is for wildlifehabitat or forest land, success of vegetation shall be determined onthe basis of tree or shrub stocking (density) and ground cover.(1) The ground cover of living perennial plants shall be equal toninety percent of the native ground cover of the referencearea or other approved standard and shall be adequate tominimize erosion.(2) Tree density for forest land shall have establishment ratesof plant species equal to ninety percent of the approvedreference area or other approved standard and shall beadequate to minimize erosion.(3) If wildlife habitat is to be the postmining land use, the operatorshall select and use plant species on the reclaimed areasbased on the following criteria: (a) Their proven nutritional value for fish and wildlife;(b) Their uses as cover and security for wildlife;(c) Their ability to support and enhance fish and wildlifehabitat; and(d) Distribution of plant life forms to maximize benefitsof edge effect, cover, and other benefits for fish andwildlife.c. Revegetation for other postmining land shall be consistent with theapproved postmining land use. Site-specific standards may includestandards for foliar or basal cover, production, and diversity and willbe included in the approved permit.N.D. Admin Code 43-02-02.3-23
General Authority: NDCC 38-12-02
Law Implemented: NDCC 38-12-02